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jimu news reporter cao xuejiao

recently, a woman in laoshan district, qingdao, shandong, drove a land rover against traffic and cut in line, beating a male driver, lin, who was driving normally in the opposite direction, causing bleeding from his mouth and nose. on august 29, the female driver, wang, was detained and fined by the laoshan district police. lin said he was unwilling to reconcile and would file an administrative review. on the 31st, a lawyer said that if the public security organs support lin's appeal, wang's 10-day detention period may be extended.

according to a previous report by the laoshan district police, at about 13:00 on august 28, 2024, wang (female, 38 years old, from laoshan district) drove in the opposite direction near the qingshan village observation deck in laoshan district. because lin (male, 26 years old, from laoshan district) who was driving normally in the opposite direction did not give way to her, wang got out of the car and insulted and beat lin. after investigation, wang's behavior violated article 42 and article 43 of the "public security administration punishment law of the people's republic of china". the public security organ imposed an administrative detention of 10 days and a fine of 1,000 yuan on wang in accordance with the law.

notice (laoshan public security official wechat)

in this regard, some netizens wondered whether his behavior could be considered "picking quarrels and provoking trouble"? some netizens also asked if lin had fought back at the time, would the incident have evolved into a "mutual fight" and both parties would be held accountable? on the 30th, when lin was interviewed by the media, he also said, "i will not consider reconciliation, i will apply for administrative reconsideration and protect my rights through legal means."

screenshot of video of wang beating lin

on august 31, li wei, a lawyer at beijing jingdu law firm, said in an interview with jimu news that according to my country's public security administration punishment law, insults and assaults are both violations of public security administration. the 10-day administrative detention should be the result of the combined execution of penalties made in accordance with articles 42 and 43 of the law. for two or more violations of public security administration, the combined detention period can be up to 20 days. the public security agency's notice did not introduce the assessment of lin's injuries. now lin intends to appeal the administrative penalty. if the public security agency supports lin's appeal, the 10-day administrative detention period may be extended.

li wei said that if the result of lin's injury assessment reaches light injury or above, wang is very likely to be suspected of intentional injury. the public security organ should transfer the administrative case to a criminal case and investigate wang's criminal responsibility for suspected intentional injury. as for wang's motor vehicle driving in the wrong direction, rear-end collision and hit-and-run, once they are confirmed, the traffic police department will impose fines, deductions and other penalties on wang in accordance with my country's road traffic safety law and the "road traffic safety violation points management measures". in addition, after wang's detention ends, he still needs to bear civil compensation liability. wang's behavior is an infringement and he should be responsible for the consequences of the infringement. lin's medical expenses, nutrition expenses and other related expenses will be borne by wang.

regarding the question raised by netizens, whether wang's behavior constitutes "picking quarrels and provoking trouble"? li wei believes that according to the law, the crime of picking quarrels and provoking trouble refers to the act of wanton provocation, arbitrary beating, harassing others, or arbitrarily damaging or occupying public or private property, or causing trouble in public places, and causing serious damage to social order, thus constituting a crime. wang did beat others at will, but whether wang's behavior caused serious chaos in public places is the key to whether wang constitutes the crime of picking quarrels and provoking trouble, which requires further investigation and evidence collection by judicial organs.

li wei said that another point that touched netizens about this incident was "not daring to fight back." this also highlights some problems in the identification of legitimate defense and mutual fighting in judicial practice, causing some victims to not dare to fight back for fear that the counterattack would turn into mutual fighting. although the law stipulates that victims have the right to legitimate defense, there are reports of legitimate defense being identified as mutual fighting in practice, causing some people to not dare to exercise their right to defense.

"we must face up to the difficulty in identifying legitimate defense in practice, strengthen legal publicity, improve the professional quality and judgment of judicial personnel, and ensure that 'the law cannot give in to illegality'." li wei said.